Explosives Act 1875 - Legislation.gov.uk · 2 Explosives Act 1875 (c. 17) Part IV.—Supplemental...

Changes to legislation: There are currently no known outstanding effects for the Explosives Act 1875, Part IV.—Supplemental Provisions, Legal Proceedings, Exemptions, and Definitions. (See end of Document for details)

Explosives Act 18751875 CHAPTER 17 38 and 39 Vict

PART IV.—SUPPLEMENTAL PROVISIONS, LEGALPROCEEDINGS, EXEMPTIONS, AND DEFINITIONS

Supplemental Provisions

F177 Penalty on and removal of trespassers.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)F1 Ss. 77-79 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations

(Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(6), Sch. 7 Pt. 1 (with reg. 26)

F178 Arrest without warrant of persons committing dangerous offences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:



F179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

http://www.legislation.gov.uk/id/nisr/2006/425


http://www.legislation.gov.uk/id/nisr/2006/425/regulation/1

http://www.legislation.gov.uk/id/nisr/2006/425/schedule/6/paragraph/1/6

http://www.legislation.gov.uk/id/nisr/2006/425/schedule/7/part/1








2 Explosives Act 1875 (c. 17)Part IV.—Supplemental Provisions, Legal Proceedings, Exemptions, and Definitions –

Document Generated: 2019-02-17Changes to legislation: There are currently no known outstanding effects for the Explosives Act 1875, Part IV.—Supplemental Provisions, Legal Proceedings, Exemptions, and Definitions. (See end of Document for details)

Annotations:



80 Penalty for throwing fireworks in thoroughfare.

If any person throw, cast, or fire any fireworks in or into any [F2highway, street,thoroughfare,][F2road] or public place, he [F3shall be guilty of an offence and liable onsummary conviction to a fine not exceeding level 5 on the standard scale]

Annotations:

Amendments (Textual)F2 Word “road”substituted (S.) for words “highway, street thoroughfare,” by Roads (Scotland) Act 1984

(c. 54, SIF 108), s. 156(1), Sch. 9 para. 7(4)F3 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), ss. 41(2), 47(1)(2), 48, Sch. 4

para. 1

Modifications etc. (not altering text)C1 S. 80 explained as to meaning of public place (S.) by Countryside (Scotland) Act 1967 (c. 86), s. 27(6)

81 F4...F5

Annotations:

Amendments (Textual)F4 S. 81 repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations

(Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(6), Sch. 7 Pt. 1 (with reg. 26)F5 S. 81 repealed by S.I. 1974/1885, Sch. 1

F6F782 †Punishment for defacing notices.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:


(Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(6), Sch. 7 Pt. 1 (with reg. 26)F7 S. 82 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the

repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch.5 para. 1(7), Sch. 6 (with reg. 3)

Modifications etc. (not altering text)C2 A dagger appended to a marginal note means that it is no longer accurate







http://www.legislation.gov.uk/id/ukpga/1984/54


http://www.legislation.gov.uk/id/ukpga/1984/54/section/156/1

http://www.legislation.gov.uk/id/ukpga/1984/54/schedule/9/paragraph/7/4



http://www.legislation.gov.uk/id/ukpga/1987/43/section/47/1/2

http://www.legislation.gov.uk/id/ukpga/1987/43/section/48

http://www.legislation.gov.uk/id/ukpga/1987/43/schedule/4/paragraph/1




http://www.legislation.gov.uk/id/ukpga/Vict/38-39/17/section/81







http://www.legislation.gov.uk/id/uksi/1974/1885

http://www.legislation.gov.uk/id/uksi/1974/1885/schedule/1









http://www.legislation.gov.uk/id/uksi/2005/1082/schedule/5/paragraph/1/7



http://www.legislation.gov.uk/id/uksi/2005/1082/regulation/3

Explosives Act 1875 (c. 17)Part IV.—Supplemental Provisions, Legal Proceedings, Exemptions, and Definitions –Document Generated: 2019-02-17

3


83 Provisions as to Orders in Council and orders of Secretary of State.

Her Majesty may from time to time make Orders in Council for doing anything whichis in this Act expressed to be authorised, directed, regulated, prescribed, or done byOrder in Council.

[F8Every Order in Council or order of the Secretary of State, which purports to be madein pursuance of this Act shall be presumed to have been duly made and to be withinthe powers of this Act, and no objection to the legality thereof shall be entertained inany legal proceeding whatever.].

Every Order in Council made in pursuance of this Act [F8shall take effect as if it wereenacted in this Act, and shall be published in the London Gazette, and] shall be laidbefore both Houses of Parliament [F8within one month after it is made, if Parliamentbe then sitting, or if not, within one month after the commencement of the then nextsession of Parliament.].

Her Majesty may by Order in CouncilF9... from time to time revoke, add to, or alterany previous Order in Council F10... under this Act.F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)F8 Words in S. 83, as it applies to Great Britain, repealed by Statute Law (Repeals) Act 1986 (c. 12), s.

1(1), Sch. 1 Pt. XIIF9 Words in s. 83 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of

the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),Sch. 5 para. 1(8)(a), Sch. 6 (with reg. 3)

F10 Words in s. 83 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 ofthe repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),Sch. 5 para. 1(8)(b), Sch. 6 (with reg. 3)

F11 Words in s. 83 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 ofthe repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),Sch. 5 para. 1(8)(c), Sch. 6 (with reg. 3)

Modifications etc. (not altering text)C3 S. 83: transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and

Justice Functions) Order 2010 (S.I. 2010/976), Sch. 12 para. 1(1) (with arts. 28-31, Sch. 12 para. 4(1))

F1284 Publication of byelaws, notices, &c.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:






http://www.legislation.gov.uk/id/ukpga/1986/12/schedule/1/part/XII


http://www.legislation.gov.uk/id/uksi/2005/1082/schedule/5/paragraph/1/8/a




http://www.legislation.gov.uk/id/uksi/2005/1082/schedule/5/paragraph/1/8/b




http://www.legislation.gov.uk/id/uksi/2005/1082/schedule/5/paragraph/1/8/c






http://www.legislation.gov.uk/id/uksi/2010/976/article/28










85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

86 Construction of enactments referring to powers of searching for gunpowder.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal Proceedings

87, 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1389 Supplemental provisions as to forfeiture of explosive.

Where a court before whom a person is convicted of an offence against this Act haspower to forfeit any explosive owned by or found in the possession or under the controlof such person, the court may, if it think it just and expedient, in lieu of forfeiting suchexplosive, impose upon such person, in addition to any other penalty or punishment, apenalty not exceeding such sum as appears to the court to be the value of the explosiveso liable to be forfeited.

Where any explosive, or ingredient of an explosive, is alleged to be liable under thisAct to be forfeited, any indictment, information, or complaint may be laid againstthe owner of such explosive or ingredient, for the purpose only of enforcing suchforfeiture; and where the owner is unknown, or cannot be found, a court may cause anotice to be advertised, stating that unless cause is shown to the contrary at the time andplace named in the notice, such explosive will be forfeited, and at such time and placethe court after hearing the owner or any person on his behalf (who may be present),may order all or any part of such explosive or ingredient to be forfeited.

Annotations:

Amendments (Textual)F13 S. 89 repealed except for the purposes of ss. 30, 32 and 73 of this Act by S.I. 1974/1885, Sch. 1 and

S.I. 1974/2166, reg. 2

90 Jurisdiction in tidal waters or on boundaries.

For all the purposes of this Act—

(1) Any harbour, tidal water, or inland water which runs between or abuts on or formsthe boundary of the jurisdiction of two or more courts shall be deemed to be whollywithin the jurisdiction of each of such courts; and

(2) Any tidal water not included in the foregoing descriptions and within the territorialjurisdiction of Her Majesty, and adjacent to or surrounding any part of the shore of theUnited Kingdom, and any pier, jetty, mole, or work extending into the same, shall bedeemed to form part of the shore to which such water or part of the sea is adjacent,or which it surrounds.






5


F1491 Prosecution of offences either summarily or on indictment.

Every offence under this Act may be prosecuted and every penalty under this Act maybe recovered, and all explosives and ingredients liable to be forfeited under this Actmay be forfeited either on indictment or before a court of summary jurisdiction, inmanner directed by the Summary Jurisdiction Acts.F15...

All costs and money directed to be recovered as penalties may be recovered before acourt of summary jurisdiction in manner directed by the Summary Jurisdiction Acts.

A court of summary jurisdiction may by order prohibit a person from doing any act fordoing which such person has twice been convicted under this Act, and may order anyperson disobeying such summary order to be imprisoned for any period not exceedingsix months.

Annotations:

Amendments (Textual)F14 S. 91 repealed except for purposes of ss. 30, 32 of this Act by S.I. 1974/1885, Sch. 1F15 Words in s. 91 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of

the amending S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),Sch. 5 para. 1(10), Sch. 6 (with reg. 3)

92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Annotations:

Amendments (Textual)F16 S. 68 repealed by Local Government Act 1972 (c. 70), Sch. 30

F1793 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)F17 S. 93 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VII.

F1894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)F18 S. 94 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII.








http://www.legislation.gov.uk/id/ukpga/1972/70/schedule/30



http://www.legislation.gov.uk/id/ukpga/1993/50/schedule/1/part/VII






95 Distress of ship.

Where the owner or master of a ship or boat is adjudged to pay a penalty for an offencecommitted with or in relation to such ship or boat, the court may, in addition to anyother power they may have for the purpose of compelling payment of such penalty,direct the same to be levied by distress or arrestment and sale of the said ship or boatand her tackle.

96 Application of penalties and disposal of forfeitures.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Any explosive or ingredient forfeited in pursuance of this Act may be sold, destroyed,or otherwise disposed of in such manner as the court declaring the forfeiture, or theSecretary of State, may direct, and the proceeds of any such sale or disposal shall bepaid, applied, and accounted for in like manner as penalties under this Act.

The receptacle containing any such explosive or ingredient may be forfeited, sold,destroyed, or otherwise disposed of, in like manner as the contents thereof.

The provisions of Part Three of this Act with respect to an explosive, or ingredientof an explosive, seized in pursuance of this Act, and to the officer seizing, removing,detaining, keeping, or conveying, or otherwise dealing with the same, shall apply toany explosive and ingredient declared by any court to be forfeited, and to the officerremoving, detaining, keeping, conveying, selling, destroying, or otherwise disposingof the same.

The court declaring the forfeiture, or the Secretary of State directing the sale or otherdisposal of any forfeited explosive or ingredient, and the receptacles thereof, mayrequire the owner of such explosive or ingredient to permit the use of any ship, boat,or carriage containing such explosive or ingredient for the purpose of such sale ordisposal upon payment of a reasonable compensation for the same, to be determinedin case of dispute by a court of summary jurisdiction; and where the explosive oringredient is directed to be destroyed, the owner and the person having possession ofsuch explosive or ingredient, and the owner and master of the ship, boat, or carriagecontaining the same, or some, or one of them, shall destroy the same accordingly, andif the court or Secretary of State so order, the ship, boat, or carriage may be detaineduntil the same is so destroyed; and if the Secretary of State is satisfied that defaulthas been made in complying with any such direction by him or by a court, and thatthe detention of the ship, boat, or carriage will not secure the safety of the public,and that it is impracticable, having regard to the safety of the public or of the personsemployed in such destruction, to effect the same without using such ship, boat, orcarriage, or otherwise dealing with such ship, boat, or carriage, in like manner as ifit were a receptacle for an explosive forfeited under this Act, the Secretary of Statemay direct such ship, boat, and carriage, or any of them, to be, and the same mayaccordingly be, so used or dealt with.

Annotations:

Amendments (Textual)F19 Words repealed by S.I. 1974/1885, Sch. 1




7


Modifications etc. (not altering text)C4 S. 96: transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and

Justice Functions) Order 2010 (S.I. 2010/976), Sch. 12 para. 1(4) (with arts. 28-31)

Exemptions and Savings

97 Exemption of Government factories, &c. from the Act.

This Act shall not apply—

(1) To any factory, magazine, store, premises, wharf, place, or explosive under the controlof the Secretary of State, . . . F20, or other department of the Government or otherwiseheld for the service of the Crown, or to the manufacture, keeping, or importation ofsuch explosive; or

(2) To any of Her Majesty’s ships, boats, or carriages; orF21F22(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F21F22(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23[(5) To the conveyance of any explosive under the control of a Secretary of State, . . . F20, orother department of the Government or to the conveyance of any explosive otherwiseheld for the service of the Crown when the same is being conveyed in accordance withthe regulations of a Secreatary of State of . . . F20 other department of the Government:F24F25...]

Annotations:

Amendments (Textual)F20 Words repealed by S.I. 1964/488, Sch. 1 Pt. IF21 S. 97(3)(4) repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations

(Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(9), Sch. 7 Pt. 1 (with reg. 26)F22 S. 97(3)(4) repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the


F23 S. 97(5) repealed (E.W.S.) by S.I. 1989/615, reg. 19(1)F24 Words in s. 97 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of

the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),Sch. 5 para. 1(11), Sch. 6 (with reg. 3)

F25 Words in s. 97 omitted (N.I.) (1.12.2006) by virtue of The Manufacture and Storage of ExplosivesRegulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(9), Sch. 7 Pt. 1 (with reg.26)

Modifications etc. (not altering text)C5 S. 97 extended by S.I. 1965/1536, Sch. 3C6 Reference to ships to be construed as including reference to aircraft: S.R. & O. 1918/548 (Rev. I, p.

896: 1918 I, p. 50)C7 References to departments of Government except second reference in s. 97(5) to be construed as

including references to United Kingdom Atomic Energy Authority: Atomic Energy Authority Act1954 (c. 32), Sch. 3







http://www.legislation.gov.uk/id/uksi/1964/488/schedule/1/part/I













http://www.legislation.gov.uk/id/uksi/1989/615/regulation/19/1



















C8 S. 97(5) extended as to explosives certified as conveyed in connection with execution of contract withGovernment department or with service authorities of visiting force or wth a designated headquartersor defence organisation by Emergency Laws (Miscellaneous Provisions) Act 1947 (11 & 12 Geo. 6c. 10), Sch. 2 para. 4

F26F2798 Saving for rocket and fog stations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:




99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Annotations:

Amendments (Textual)F28 S. 99 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XI

100 Saving for master of ship and carrier in case of emergency.

Nothing in this Act shall render liable to any penalty or forfeiture the owner or masterof any ship or boat, or any carrier or warehouseman, or the person having charge ofany carriage, for any act done in breach of this Act, if he prove that by reason of stressof weather, inevitable accident, or other emergency, the doing of such act was, underthe circumstances, necessary and proper.

F29F30101Saving for rockets, gunpowder, &c. on board ship in compliance with 17 & 18Vict. c. 104.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:




http://www.legislation.gov.uk/id/ukpga/Geo6/11-12/10

http://www.legislation.gov.uk/id/ukpga/Geo6/11-12/10

http://www.legislation.gov.uk/id/ukpga/Geo6/11-12/10/schedule/2/paragraph/4














http://www.legislation.gov.uk/id/ukpga/1977/18/schedule/1/part/XI














9


102 Saving clause as to liability.

This Act shall not, save as is herein expressly provided, exempt any person from anyaction or suit in respect of any nuisance, tort, or otherwise, which might but for theprovisions of this Act, have been brought against him.

This Act shall not exempt any person from any indictment or other proceeding fora nuisance, or for an offence which is indictable at common law, or by any Act ofParliament other than this Act, so that no person be punished twice for the sameoffence.

When proceedings are taken before any court against any person in respect of anyoffence under this Act, which is also an offence indictable at common law or bysome Act of Parliament other than this Act, the court may direct that, instead of suchproceedings being continued, proceedings shall be taken for indicting such person atcommon law or under some Act of Parliament other than this Act.F31F32....

Annotations:

Amendments (Textual)F31 Words in s. 102 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of

the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),Sch. 5 para. 1(13), Sch. 6 (with reg. 3)

F32 Words in s. 102 omitted (N.I.) (1.12.2006) by virtue of The Manufacture and Storage of ExplosivesRegulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(11), Sch. 7 Pt. 1 (with reg.26)

F33F34103Powers of Act cumulative, with power to make provisional order for repealinglocal Acts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:




Definitions

F35104 Extension of definition of explosive to other explosive substances.

Her Majesty may, by Order in Council, declare that any substance which appearsto Her Majesty to be specially dangerous to life or property by reason either of itsexplosive properties, or of any process in the manufacture thereof being liable toexplosion, shall be deemed to be an explosive within the meaning of this Act and theprovisions of this Act (subject to such exceptions, limitations, and restrictions as may


























be specified in the order) shall accordingly extend to such substance in like manner asif it were included in the term explosive in this Act.

Annotations:

Amendments (Textual)F35 S. 104 repealed (E.W.S) (1.10.2014) by The Acetylene Safety (England and Wales and Scotland)

Regulations 2014 (S.I. 2014/1639), reg. 1(1), Sch. 3 Pt. 1

Modifications etc. (not altering text)C9 S. 104: transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing

and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 12 para. 1(1) (with arts. 28-31, Sch. 12 para.4(1))

F36F37105Persons carrying on certain processes to be deemed manufacturers.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)F36 S. 105 (N.I.) repealed (1.12.2006) by The Manufacture and Storage of Explosives Regulations



F38F39106Definition and classification of explosives by Order in Council.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:




107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

Annotations:

Amendments (Textual)F40 S. 107 repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I and Police (Scotland) Act 1967 (c. 77), Sch. 5

Pts. I, II



http://www.legislation.gov.uk/id/uksi/2014/1639/regulation/1/1

http://www.legislation.gov.uk/id/uksi/2014/1639/schedule/3/part/1
































http://www.legislation.gov.uk/id/ukpga/1964/48/schedule/10/part/I




http://www.legislation.gov.uk/id/ukpga/1967/77/schedule/5/part/II


11


108 General definitions.

In this Act, unless the context otherwise requires—The expression “this Act” includes any license, F41F42... and order granted or

made in pursuance of this Act:F43F44...The expression “person” includes a body corporate:The expression “occupier” includes any number of persons and a body

corporate; and in the case of any manufacture or trade, includes any personcarrying on such manufacture or trade:

The expression “master” includes every person (except a pilot) havingcommand or charge of a ship, and in reference to any boat belonging to a ship,means the master of the ship; and when used in reference to any other boat,includes every person having command or charge of such boat:

The expression “magazine” includes any ship or other vessel used for thepurpose of keeping any explosive:

F43F44...The expression “store” means F45F46...a place for keeping an explosive

F45F46...:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

The expression “warehouseman” includes all persons owning or managingany warehouse, store, wharf, or other premises in which goods are deposited:

The expression “carrier” includes all persons carrying goods or passengersfor hire by land or water:

F43F44...F43F44...The expression “tidal water” means any part of the sea or of a river within

the ebb and flow of the tides at ordinary spring tides:The expression “inland water” means any canal, river, navigation, lake, or

water which is not tidal water:F43F44...The expression “wharf” includes any quay, landing–place, siding, or other

place at which goods are landed, loaded, or unloaded:The expression “carriage” includes any carriage, waggon, cart, truck,

vehicle, or other means of conveying goods or passengers by land, in whatevermanner the same may be propelled:

The expression “ship” includes every description of vessel used in seanavigation, whether propelled by oars or otherwise:

The expression “boat” means every vessel not a ship as above defined whichis used in navigation in any inland water or any harbour, whether propelled byoars or otherwise:

The expression “prescribed” means prescribed by Order in Council:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

. . .F43F44...F43F44.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

F49[The expression “road”has the same meaning as in the Roads (Scotland)Act 1984.]



Annotations:

Amendments (Textual)F41 Words in s. 108 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of

the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),Sch. 5 para. 1(15)(a), Sch. 6 (with reg. 3)

F42 Words in s. 108 omitted (N.I.) (1.12.2006) by virtue of The Manufacture and Storage of ExplosivesRegulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(13)(a), Sch. 7 Pt. 1 (withreg. 26)

F43 Words in s. 108 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 ofthe repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),Sch. 5 para. 1(15)(c), Sch. 6 (with reg. 3)

F44 Words in s. 108 omitted (N.I.) (1.12.2006) by virtue of The Manufacture and Storage of ExplosivesRegulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(13)(c), Sch. 7 Pt. 1 (withreg. 26)

F45 Words in s. 108 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 ofthe repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),Sch. 5 para. 1(15)(b), Sch. 6 (with reg. 3)

F46 Words in s. 108 omitted (N.I.) (1.12.2006) by virtue of The Manufacture and Storage of ExplosivesRegulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(13)(b), Sch. 7 Pt. 1 (withreg. 26)

F47 Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)F48 Words repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 30

Words from "the expression"county" to "such district" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch.1 Pt.VII.

F49 Words added (S) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 7(5)

Modifications etc. (not altering text)C10 Definition of “magazine” extended by Hovercraft Act 1968 (c. 59), Sch. para. 2C11 Reference to urban sanitary district and urban sanitary authority to be construed as reference to district

and district council: Local Government Act 1972 (c. 70), s. 179(3)

Application of Act to Scotland

This Act shall apply to Scotland, with the following modifications; that is to say,

109 Definitions.

In this Act with respect to Scotland—

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(2) F51. . .

(3) F51. . .

(4) F51. . .

(5) F51. . .

(6) F51. . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52


http://www.legislation.gov.uk/id/uksi/2005/1082/schedule/5/paragraph/1/15/a







http://www.legislation.gov.uk/id/nisr/2006/425/schedule/6/paragraph/1/13/a




http://www.legislation.gov.uk/id/uksi/2005/1082/schedule/5/paragraph/1/15/c







http://www.legislation.gov.uk/id/nisr/2006/425/schedule/6/paragraph/1/13/c




http://www.legislation.gov.uk/id/uksi/2005/1082/schedule/5/paragraph/1/15/b







http://www.legislation.gov.uk/id/nisr/2006/425/schedule/6/paragraph/1/13/b














http://www.legislation.gov.uk/id/ukpga/1968/59/schedule/paragraph/2




13


(8) F51. . .

(9) F51. . .

(10) The expression “the court of summary jurisdiction” means the [F53sheriff principal ofthe sheriffdom or any one of his sheriffs]:

F54(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)F50 S. 109(1) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29F51 S. 109(2)-(6)(8)(9) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII.F52 S. 109(7) repealed by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. IF53 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1 para. 1F54 S. 109(11) repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the


110 Local authority.

In Scotland, the local authority for the purposes of this Act shall be as follows:F55[(1) A [F56council constituted under section of the Local Government etc.

(Scotland) Act 1994]]; F57...F57(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Annotations:

Amendments (Textual)F55 S. 110 para. 1 substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 10F56 Words in s. 110 para. 1 substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 4(2); S.I.

1996/323, art. 4(1)(b)(c)F57 S. 110(2) repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the


F58 S. 110 para. 3 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

111 Expenses of local authority.

In Scotland, the local rate for defraying the expenses of the local authorities under thisAct shall be—

F59[(a) The [F60non-domestic rate or the council tax]], as the case may be; F61...F61(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

[F63The rates or assessments in this sub–section mentioned, or any increase of any suchrate or assessment, may, notwithstanding any limitation in any Act, be levied for thepurposes of this Act.]

















http://www.legislation.gov.uk/id/ukpga/1973/65/schedule/27/part/II/paragraph/10






http://www.legislation.gov.uk/id/uksi/1996/323/article/4/1/b/c










Annotations:

Amendments (Textual)F59 S. 111(a) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 11F60 Words in s. 111(a) substituted (S.) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 4(3); S.I.

1994/2850, art. 3(c)(ii)F61 S. 111(b) repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the


F62 S. 111(c) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29F63 Words repealed except so far as relates to harbour authorities by Local Government (Scotland) Act

1947 (c. 43), Sch. 14

112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Annotations:

Amendments (Textual)F64 S. 112 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F65113 Local authority to have certain powers to take land otherwise than byagreement.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)F65 S. 113 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the


114 Provision for making and enforcing byelaws, &c.

In Scotland, the following provisions shall have effect:F66(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F67(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) The proceedings may be on indictment in the Court of Justiciary . . . F68 orin the sheriff court, or may be taken summarily in the sheriff court under theprovisions of [F69Part II of the Criminal Procedure (Scotland) Act 1975], asthe Lord Advocate shall direct:

F67(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(e) In Scotland, all penalties imposed in pursuance of this Act shall be paid to the

clerk of the court imposing them, and shall by him be accounted for and paidto [F70the Secretary of State] , and be carried to the Consolidated Fund; andthe proceeds of any sales of explosives or of the ingredients of explosives, orof the receptacles of explosives or their ingredients, or of any ship, boat, orcarriage, forfeited and directed to be sold, or directed to be sold and disposed


http://www.legislation.gov.uk/id/ukpga/1973/65/schedule/27/part/II/paragraph/11






http://www.legislation.gov.uk/id/uksi/1994/2850/article/3/c/ii



















15


of as if the same were forfeited under this Act, shall be paid, accounted for,and applied in like manner as penalties under this Act:

F67(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)F66 S. 114(a) repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the


F67 S. 114(b)(d)(f) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII.F68 Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)F69 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)F70 Words substituted by S.I. 1974/1274, art. 3(4), Sch.

[F71115 †Board of Trade empowered to make byelaws for the lower estuary of the Clyde:Secretary of State to define the authority for enforcing such byelaws.

Whereas upon that part of the estuary of the Clyde which lies below the jurisdictionof the Trustees of the Clyde Navigation (and which part is in this section referred toas the lower estuary of the Clyde) doubts have arisen as to the limits of the severalharbour authorities on that estuary, be it enacted, the [F72Secretary of State] may, if[F72he thinks] it expedient, make byelaws under this Act for the lower estuary of theClyde as if it were a harbour and [F72he] were the harbour authority, and such byelawsshall be deemed to have been made by a harbour authority with the sanction of the[F72Secretary of State] ; and [F72he] may by such byelaws define the area within whichsuch byelaws are to be observed, and the Secretary of State shall have power to definethe authority or authorities and officers by whom such byelaws are to be enforced andcarried into effect within such area; and such authority or authorities and officers shall,for the purposes of this Act, other than making byelaws or assenting to a site for a newfactory or magazine, have the same power within the said area as a harbour authorityand an officer of a harbour authority have respectively under this Act in a harbour.]

Annotations:

Amendments (Textual)F71 S. 115 repealed (E.W.S.) by S.I. 1987/37 reg. 47(1)(a)F72 Words substituted by virtue of Ministry of Transport Act 1919 (c. 50), s. 2, Sch. 1 para. 1, S.R. &

O. 1919/1440 (Rev. XV, p. 211: 1919, p. 849), 1941/654 (Rev. XV, p. 228: 1941, p. 1221), arts. 2, 3,1946/375 (Rev. XV, p. 229: 1946, p. 1009), art. 2(1)(3), S.I. 1953/1204 (1953 I, p. 1225), art. 3(1),1959/1768 (1959 I, p. 1793) art. 3(2) and 1970/1681, arts. 2(1), 6(3)

Modifications etc. (not altering text)C12 A dagger appended to a marginal note means that it is no longer accurate













http://www.legislation.gov.uk/id/uksi/1974/1274/article/3/4

http://www.legislation.gov.uk/id/uksi/1974/1274/schedule








Application of Act to Ireland

Annotations:

Modifications etc. (not altering text)C13 References to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X,

p. 298: 1923, p. 400), art. 2

This Act shall apply to Ireland, with the following modifications; that is to say,

116 Definition of local authority.

The local authority for the purposes of this Act shall be—

(1) In the city of Dublin, the Lord Mayor, aldermen, and burgesses acting by the towncouncil:

(2) In any urban sanitary district in which the powers, jurisdictions, and authorities of thegrand jury of the county in which such district is situate are vested and exerciseable bythe urban sanitary authority, except as hereafter in this section mentioned, the urbansanitary authority:

(3) In any harbour within the jurisdiction of a harbour authority, whether situate or notwithin the jurisdiction of any local authority before in this section mentioned, theharbour authority, to the exclusion of any other local authority:

(4) In any place in which there is no local authority as before in this section defined, thejustices in petty sessions assembled.

The expressions “urban sanitary authority” and “urban sanitary district” have the samemeanings respectively as in the M1Public Health (Ireland) Act 1874.

Annotations:

Marginal CitationsM1 1874 c. 93.

117 Power of certain local bodies to become a local authority.

The urban sanitary authority of any district in Ireland which is not constituted a localauthority by this Act may, by order of a Secretary of State made upon the application ofsuch authority and published in the Dublin Gazette, be declared to be a local authorityfor the purposes of this Act, and thereupon shall become a local authority accordinglyfor such part of their district as is not included in any harbour to the exclusion of thejustices in petty sessions.

118 Expenses of local authority.

All expenses incurred by any local authority in carrying into effect the execution ofthis Act in Ireland including the salary and expenses of any officer directed by themto act under this Act, shall be paid out of the local rate. The local rate shall for thepurposes of this Act mean as follows; that is to say,



17


In the city of Dublin, the borough fund or borough rate;In urban sanitary districts where the urban sanitary authority are the localauthority, any fund, moneys, or rate applicable or leviable by such authority forany purposes of improvement within their district;In harbours, any moneys, fund, or rate applicable or leviable by the harbourauthority for any harbour purposes; andIn any places where the justices in petty sessions are the local authority, the poorrates:

And the local rate or any increase of the local rate may, notwithstanding any limitationin any Act, be levied for the purposes of this Act.

F73119 Form of registers of store licenses and registered premises, and amount of fees,to be approved by Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:



F73F74120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:


(Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(14), Sch. 7 Pt. 1 (with reg. 26)F74 S. 120 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII.

F73F75121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:


(Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(14), Sch. 7 Pt. 1 (with reg. 26)F75 S. 121 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII.

122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76



























Annotations:

Amendments (Textual)F76 S. 122 repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)


Explosives Act 1875 (c. 17)Document Generated: 2019-02-17

19

Changes to legislation: There are currently no known outstanding effects for the Explosives Act 1875, Part IV.—Supplemental Provisions, Legal Proceedings, Exemptions, and Definitions.

Explosives Act 1875 - Legislation.gov.uk · 2 Explosives Act 1875 (c. 17) Part IV.—Supplemental...

Documents

Transcript of Explosives Act 1875 - Legislation.gov.uk · 2 Explosives Act 1875 (c. 17) Part IV.—Supplemental...